SF 687

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing procedures and 
  1.3             criteria for municipal annexation of unincorporated 
  1.4             land; amending Minnesota Statutes 1998, section 
  1.5             414.031, by adding a subdivision.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 414.031, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 5a.  [ANNEXATION ELECTION.] (a) If the proceeding for 
  1.10  annexation is started by petition of a majority of the property 
  1.11  owners within the area to be annexed or if the board has assumed 
  1.12  jurisdiction under subdivision 1, clause (d), and orders that 
  1.13  the entire township named in the resolution be annexed to the 
  1.14  city named in the resolution, a referendum is not required.  
  1.15     (b) Except as provided in paragraph (a), at least ten days 
  1.16  before submitting a resolution to the executive director, the 
  1.17  municipality shall provide mailed notice to the property owners 
  1.18  of the area proposed for annexation.  The notice shall set forth 
  1.19  the boundaries of the territory proposed for annexation, the 
  1.20  reasons for the annexation, the date on which the resolution 
  1.21  will be submitted to the executive director, and a clear 
  1.22  explanation of the right to petition for an election on the 
  1.23  proposed annexation and the petition requirements.  Ten days' 
  1.24  published notice must also be provided in a qualified newspaper 
  1.25  of general circulation in the area proposed for annexation.  
  2.1   Proof by affidavit that the required mailed and published 
  2.2   notices were provided must be submitted with the resolution to 
  2.3   the executive director. 
  2.4      (c) If a petition of at least 35 percent of the property 
  2.5   owners or 100 property owners, whichever is less, is submitted 
  2.6   to the executive director within 60 days after the resolution 
  2.7   was submitted, an election must be held on the annexation.  The 
  2.8   board shall fix a day not less than 20 days, nor more than 90 
  2.9   days, after verification of the petition, when an election must 
  2.10  be held at a place designated by the board within the area 
  2.11  determined by the board to be primarily and substantially 
  2.12  interested in or affected by the proposed annexation.  
  2.13     (d) The executive director shall cause a copy of the 
  2.14  resolution, including the notice of the election, to be posted 
  2.15  not less than 20 days before the election in three public places 
  2.16  in the area, and shall cause notice of the election to be 
  2.17  published for two successive weeks in a qualified newspaper of 
  2.18  general circulation in the area.  The board shall appoint the 
  2.19  necessary election judges from voters who are residents in the 
  2.20  area and shall supervise them in their duties.  The board shall 
  2.21  designate the polling places, using so far as possible the usual 
  2.22  places.  The polls must be open at least 13 hours and until at 
  2.23  least 8:00 p.m.  The judges shall conduct the election so far as 
  2.24  practical under the laws regulating special elections. 
  2.25     (e) Only: 
  2.26     (1) eligible voters described in chapter 201; and 
  2.27     (2) other property owners 
  2.28  within the area designated by the board as primarily and 
  2.29  substantially interested in or affected by the proposed 
  2.30  annexation are entitled to vote. 
  2.31     (f) The ballot must bear the words "For Annexation" and 
  2.32  "Against Annexation" with a square before each of the phrases, 
  2.33  in one of which the voter shall make a cross to express a 
  2.34  choice.  The ballots and election supplies must be provided and 
  2.35  the election judges must be paid by the annexing municipality 
  2.36  and the affected township in equal shares.  
  3.1      (g) Immediately after counting the ballots, the judges of 
  3.2   the election shall make a signed and verified certificate 
  3.3   declaring the time and place of holding the election, that they 
  3.4   have canvassed the ballots cast, and the number cast both for 
  3.5   and against the proposition, and they shall then file the 
  3.6   certificate with the executive director of the board.  
  3.7      (h) If the certificate shows the majority of the votes cast 
  3.8   were "For Annexation," the executive director shall designate a 
  3.9   time and place for a hearing in accordance with section 414.09.  
  3.10  If a majority of the votes were cast "Against Annexation," the 
  3.11  board shall not consider the resolution.  
  3.12     (i) If the annexation is denied, or if it is defeated in 
  3.13  the referendum, no proceeding for the annexation of 
  3.14  substantially the same area may be initiated within two years 
  3.15  from the date of the board's order or certification of the 
  3.16  election results, unless the proceeding is started by a majority 
  3.17  of the area's property owners and the petition is supported by 
  3.18  any abutting townships and municipalities.  
  3.19     (j) The executive director shall, upon receipt of the 
  3.20  certificate, notify all parties of record of the election 
  3.21  results.